The petitioner is an accused facing indictment in a prosecution
for offences punishable interalia under Section
379 I.P.C. According
to the petitioner, he is absolutely innocent. The crime is registered in
2007. Investigation
is complete. Final report has already been filed.
Cognizance has been taken by the learned Magistrate.

2. The petitioner has rushed to this court with the prayer
that there may be a direction
for expeditious disposal of the case
pending against the petitioner. The petitioner is aged about 17 years.
His father is employed abroad. His father is making arrangements to
take the petitioner to his place of employment
abroad where he is
expected to secure an employment. In the nature of the allegations
against
the petitioner, the father is most interested in getting the
petitioner settled abroad. In these
circumstances, any delay in the
disposal of the case is bound to cause great hardship and loss. It may
affect
the future of the petitioner also. Even assuming that the
allegations are true, the young accused
can be persuaded to turn a
new leaf and lead a respectable life by working abroad. It is, in these
circumstances,
that this petition has been filed for the early disposal
of the case.
Crl.M.C.No.1801/07 2

3. The plight of the petitioner does evoke sympathy. But has
the petitioner move the learned Magistrate
for an early out of turn
disposal showing the reasons? Admittedly, the same has not been
done. It is for the petitioner to move the learned Magistrate giving
specific reason for claiming
out of turn early disposal. If there are
compelling reasons, it does appear to me in the
case that there are
such reasons, certainly the learned Magistrate must consider the said
request in accordance
with law - of course conscious of the schedule
of work fixed by the court. Mere fact that there are
older cases
pending at the court may not justify the learned Magistrate not taking
a humane and realistic attitude of
the particular problem on hand.

4. This Criminal Miscellaneous Case is, in these
circumstances, dismissed with the observation
that the petitioner
shall be at liberty to move the learned Magistrate for an out of turn
early disposal.
The learned Magistrate must pass appropriate orders
within a week of filing such a petition.

5. Issue copy of this order to the learned counsel for the
petitioner. He can produce
the same along with the application
before the learned Magistrate.

6. Hand over copy of this order to the learned counsel for the
petitioner.

(R.BASANT, JUDGE)

jsr
Crl.M.C.No.1801/07 3
Crl.M.C.No.1801/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007

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